SB1098 • 2026

climate; weather; modification; prohibition; penalties

SB1098 - climate; weather; modification; prohibition; penalties

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: John Kavanagh
Last action: 2026-01-14
Official status: Senate second read
Effective date: Not listed

Plain English Breakdown

The specific name of 'the department' responsible for enforcing Section 49-119 is not defined within the provided text excerpt.

SB1098: Prohibiting Intentional Weather and Climate Modification

This law bans people from intentionally releasing chemicals or devices in Arizona to change the weather, climate, temperature, or sunlight intensity.

What This Bill Does

Creates a new rule that forbids injecting, releasing, or dispensing any chemical, substance, or device with the purpose of affecting weather or climate within state borders.
Lists specific exceptions for normal airplane operations creating water vapor trails, lawful industrial emissions not meant to change weather, and emergency response activities like fire suppression.
Requires a department to create rules so people can file complaints about possible violations of this ban.
Allows the department to investigate credible reports and work with state or federal authorities when a violation is suspected.
Sets penalties for breaking the rule as a class 4 felony crime plus a civil fine of up to $100,000 for each separate act.

Who It Names or Affects

Any person who intentionally releases chemicals or devices in Arizona to change weather conditions.
The state department responsible for adopting rules and investigating violations.

Terms To Know

Geoengineering: Intentional actions taken to change weather, climate, temperature, or sunlight intensity using chemicals or devices.
Class 4 felony: A serious criminal offense that carries specific legal penalties under Arizona law.
Civil penalty: A fine of money paid to the government for breaking a rule, separate from criminal punishment.

Limits and Unknowns

The bill does not define exactly which department is responsible for enforcing these rules beyond referring to 'the department'.
The text states an effective date has not been set in the provided information.
The law only applies to actions taken with the express purpose of changing weather, leaving other accidental effects unaddressed.

Bill History

2026-01-14 Senate
Senate second read
2026-01-12 Senate
Senate Rules: None
2026-01-12 Senate
Senate Natural Resources: None
2026-01-12 Senate
Senate first read

Official Summary Text

SB1098 - climate; weather; modification; prohibition; penalties

Current Bill Text

Read the full stored bill text

SB1098 - 572R - I Ver

PREFILED��� JAN 07 2026

REFERENCE TITLE:
climate; weather; modification; prohibition; penalties

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1098

Introduced by

Senator
Kavanagh

AN
ACT

Amending section 45-117, Arizona
Revised Statutes; repealing title 45, Chapter 9, Arizona Revised Statutes;
amending title 49, chapter 1, article 1, Arizona Revised Statutes, by adding
section 49-119; relating to climate modification.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-117, Arizona Revised
Statutes, is amended to read:

START_STATUTE
45-117.

Water resources fund; purpose; monies held in trust

A. The water resources fund is established to be
maintained in perpetuity consisting of:

1. Except as provided in section 45-113, subsection
F, monies received pursuant to sections 45-113, 45-115, 45-116,
45-183, 45-273, 45-292, 45-411.01, 45-467, 45-476.01,
45-595, 45-612, 45-703, 45-871.01, 45-874.01, 45-1021,
45-1041
,
and
45-1205
, 45-1603 and 45-1605
.

2. Monies appropriated by the legislature to the
water resources fund.

3. Gifts, grants and donations to the fund from any
public or private source.

4. Interest and other income received from investing
monies in the fund.

B. Monies in the fund are subject to legislative
appropriation.� Monies remaining in the fund at the end of the fiscal year
remain in the fund and are exempt from the provisions of section 35-190
relating to lapsing of appropriations.

C. Monies in the fund shall be used exclusively by
the department
of water resources
to carry out the
purposes of this title and shall not be appropriated for any other purpose.

D. The director shall administer the fund.� On
notice from the director, the state treasurer shall invest and divest the
monies in the fund as provided by section 35-313 and monies earned from
investment shall be credited to the fund.

E. Any fee, assessment or other levy that is
authorized by law or administrative rule and that is collected and deposited in
the water resources fund shall be held in trust.� The monies in the fund may be
used only for the purposes prescribed by statute and shall not be appropriated
or transferred by the legislature to fund the general operations of this state
or to otherwise meet the obligations of the general fund of this state.� This
subsection does not apply to any taxes or other levies that are imposed
pursuant to title 42 or 43.
END_STATUTE

Sec. 2.
Repeal

Title 45, chapter 9, Arizona Revised Statutes,
is repealed.

Sec. 3. Title 49, chapter 1, article 1, Arizona
Revised Statutes, is amended by adding section 49-119, to read:

START_STATUTE
49-119.

Geoengineering; prohibition; exceptions; rules; violation;
classification; civil penalty

a. notwithstanding any other law, a
person may not intentionally inject, RELEASE or dispense by any means,
including by aircraft, ballon, drone, rocket, ground-based system or any other
means, any chemical, chemical compound, substance or APPARATUS within the
borders of this state with the express PURPOSE of affecting temperature,
climate, weather or the INTENSITY of sunlight.

B. This
section does not apply to the following:

1. Normal
aircraft operations that result in condensation trails composed solely of water
vapor.

2. Emissions
from lawful industrial, agricultural or transportation activities that are not
intended to alter weather or climate.

3. Fire
suppression, emergency response or public safety activities.

C. The
department shall adopt rules to establish a process for a person to submit a
complaint or allege a violation of this section. On receipt of a
credible report of a violation of this section, the department may investigate
and coordinate with applicable state or federal authorities.

D. A
person that violates this section is guilty of a class 4 felony. the
department shall impose a civil penalty of not more than $100,000 per
violation. Each act is a separate violation.
END_STATUTE